Sullivan Drydock & Repair Corp.

National Labor Relations Board - Board Decisions

Oct 31, 1945

64 N.L.R.B. 650 (N.L.R.B. 1945)

In the Matter Of SULLIVAN DRYDOCK & REPAIR CORP. and INDUSTRIAL
UNION OF MARINE AND SHIPBUILDING WORKERS OF AMERICA, LOCAL
13, C. I. O.
Case No. 2-R-5672.-Decided October 31, 1945
Mr. J. Read Smith, of Brooklyn, N. Y., for the Company.
Mr. William L. Standard, by Ruth H. Saslow, of New York City,
for the Union.
Mr. Stanley B. Korengold, of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon a petition duly filed by Industrial Union of America, Local
13, C. I% 0., herein called the Union, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Sullivan Drydock & Repair Corp., Brooklyn, New York, herein called
the Company, the National Labor Relations Board provided for an
appropriate hearing upon due notice before Jerome I. Macht, Trial
Examiner. The hearing was held at New York City, on July 26, 1945.
The Company and the Union appeared and participated. All parties
were afforded full opportunity to be heard, to examine and cross-
examine witnesses, and to introduce evidence bearing on the issues.
The Trial Examiner's rulings made at the hearing are free from prej-
udicial error and are hereby affirmed. All parties were afforded an
opportunity to file briefs with the Board.
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
I. TIIE BUSINESS OF TILE COMPANY
Sullivan Drydock & Repair Corp. is a New York corporation lo-
cated at Brooklyn, New York. It is engaged in manufacturing pro-
peller wheels and repairing and converting ships for the United States
Army, the Navy, the Maritime Commission, and for commercial cus-
tomers. The ships repaired and converted by the Company during
64 N L It . B., No. 110
650
0
SULLIVAN DRYDOCK & REPAIR CORP. 651
the past year were valued in excess of $500,000, and were used in
intercoastal commerce.
The Company admits that it is engaged in commerce within the
meaning of the National Labor Relations Act.
H. THE ORGANIZATION INVOLVED
Industrial Union of Marine and Shipbuilding Workers of America,
Local 13, affiliated with the Congress of Industrial Organizations, is a
labor organization admitting to membership employees of the
Company.
III. THE QUESTION CONCERNING REPRESENTATION
The Company has refused to grant recognition to the Union as the
exclusive bargaining representative of certain of the Company's em-
ployees until the Union has been certified by the Board in an appro-
priate unit.
A statement of a Board agent, introduced into evidence at the
hearing, indicates that the Union represents a substantial number of
employees in the unit hereinafter found appropriate?
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company, within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
We find, in substantial accord with a stipulation of the parties, that
all storeroom and toolroom employees of the Company at its Brooklyn
yard, excluding the head storeroom keepers and all other supervisory
employees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively rec-
ommend such action, constitute a unit appropriate for the purpose of
collective bargaining within the meaning of Section 9 (b) of the Act.
V. THE DETERMINATION OF REPRESENTATIVES
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Election
herein, subject to the limitations and additions set forth in the
Direction.
' The Field Examiner reported that the Union submitted 4 dues record cards, that all
4 cards were dated April 2, 1945, and that there are 13 employees in the alleged appro-
priate unit . At the hearing the Union submitted to the Trial Examiner 7 additional cards,
of which S were dues record cards and 2 were membership and authorization cards.
Of these 7 additional cards , 5 bore the names of persons appearing on the Company's
pay roll.
-652 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations Act,
and pursuant to Article III, Section 9, of National Labor Relations
Board Rules and Regulations-Series 3, as amended, it is hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Sullivan Drydock
and Repair Corp., Brooklyn, New York, an election by secret ballot
shall be conducted as early as possible, but not later than thirty (30)
days from the date of this Direction, under the direction and super-
vision of the Regional Director for the Second Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Sections 10 and 11, of said Rules and Regulations,
among the employees in the unit found appropriate in Section IV,
above, who were employed during the pay-roll period immediately
preceding the date of this Direction, including employees who did not
work during said pay-roll period because -they were ill or on vacation
or temporarily laid off, and including employees in the armed forces
of the United States who present themselves in person at the polls, but
excluding those employees who have since quit or been discharged for
cause and have not been rehired or reinstated prior to the date of the
'election, to determine whether or not they desire to be represented by
Industrial Union of Marine and Shipbuilding Workers of America,
Local 13, C. I. 0., for the purposes of collective bargaining.
a
MR. GERARD D. REU.rr took no part in the consideration of the above
Decision and Direction of Election.